Costa Rica's landlord and tenant law is PRO-TENANT.
Coastal properties of Costa Rica Houses for sale Oceanview Rent: Can tenant and landlord freely agree to rent in Costa Rica? copany
Initially, rents can be negotiated freely
between landlord and tenant. In order to increase rent, the parties must agree
to increase the annual rent in the agreement. If no agreement exists, the
landlord can fill in the claim to increase the rent on an annual basis.
The annual increase for housing cannot be
higher than 15% of the fixed rent. In order to increase the inflation of the
country to more than 15 percent, it must be above 15 percent and the increase
in rents must be based on a certification of State inflation.
Where housing rent is agreed in US dollars
or other foreign currency, there is no annual increase. Only in cases of
agreements in colones, the Costa Rican currency, is a rental increase allowed.
Deposits
Security deposits to cover pending rental
payments or any other tenant obligations may be freely agreed between the
parties without legal maximum. In practice, however, landlords apply as a
security deposit for a month. In contrast, advance rental payments are limited
to only one month's rent (an exception applies to social housing).
What are the rights of landlords and
landlords in Costa Rica, especially regarding contract duration and expulsion?
The minimum lease agreement is three years
in Costa Rica. If the tenant wants to terminate the lease before expiry of this
time, he must send a three months' notice to the landlord, unless otherwise
agreed by the parties. The Parties may agree to a penalty for the tenant's
early termination.
If the contract expires, it will be renewed
automatically for three more years, unless the owner notifies the tenant three
months in advance and says he will no longer renew the agreement.
No indefinite lease term is permitted.
How effective is the legal system in Costa
Rica?
It should not take more than a year to
evict. The collection of unpaid rents can be attempted in the same process. In
practice it is usually difficult to collect unpaid rents, since the tenant has
no assets or money to be attached.
Legislation
Non-payment EVICTION OF RENT
Duration until process service is completed
20
Trial Duration 90
Enforcement Duration 30
Total Evict Tenant Days 140
Courts: Project Lex Mundi
Relations between landlords and tenants are
regulated in Costa Rica under Law 7527, "General Law on Urban and Suburban
Leasing." This law covers all leases or rentals of houses and other
buildings such as commercial institutions. Law 7527 does not cover hotel rooms
or bungalows, parking facilities or employee housing. The Civil Code governs
farms and leases for tourism.
Short history: Recent changes in landlord
and tenant law in Costa Rica
Since 17 August 1995, Law 7527 has been
effective and enforceable. There was another law before that, which did not
fully cover many of the issues arising in a tenant-landlord connection. Case
law helped regulate many of the non-legal aspects and issues. In the near
future, no change is expected.
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